1. Commencement, Duration & Application 
    1. The TGMLIVE’s Terms and Conditions shall commence to apply upon signature of the Confirmation of Order by the Client in each instance.
    2. The TGMLIVE’s Terms and Conditions shall apply and endure until the Services and/or Goods and/or orders quoted for and accepted by the Client are rendered and/or delivered to the Client and in line with these Terms and Conditions and until full payment of TGMLIVE’s invoice(s) has/have been made by the Client in each instance.
  2. Quotations
    1. TGMLIVE shall provide the Client with a quotation for the Services and/or Goods required by the Client, which quotation shall be valid for the period as indicated on the quotation or, in the absence of such period being stipulated, for a period of 7 (seven) calendar days.
    2. Quotations are subject to the availability of Goods and/or Services and are subject to the correction of good faith errors by TGMLIVE and the prices quoted are subject to increases in price or costs, including currency fluctuations, which may occur before the Order is accepted by the Client.
    3. If the Client disputes the amount of increase, the amount of the increase may be certified by any independent auditor nominated by TGMLIVE, and such certificate shall be final and binding on the Client. The party in whose favour the independent auditor determines the dispute shall not be liable for the cost of the independent auditor.
    4. Quotations are subject to stock availability at the time of confirmation of the Order by the Client, whether by way of paying the deposit or by placing the Order, which shall be determined solely by TGMLIVE.
    5. The Client hereby confirms that the Goods or Services on any tax Invoice issued duly represent the Goods or Services ordered by the Client at the prices agreed to by the Client and, where delivery / performance has already taken place, that the Goods or Services were inspected and that the Client is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects.
  3. Samples
    1. Unbranded Samples
      1. Samples may be purchased online or through a Branding Consultant and then collected at TGMLIVE’s (Johannesburg) warehouse or delivered to the Client’s specified address via courier at an additional cost. Enquire for our delivery options.
      2. Thereafter, Samples can be returned within 7 (seven) business days for a credit or refund on the items only (courier at own cost), and subject to clauses 3.3.1 to 3.3.6 provided the items are in their original packaging and in their original condition (undamaged). Damaged samples or samples with damaged packaging will not be accepted for return.
    2. Branded Samples
      1. Should branded samples be required, it can be arranged with a Branding Consultant.
      2. Branded samples cannot be returned for a credit or refund.
    3. Returns /Refunds – Samples
      1. No returns are accepted for white and drinkware samples, due to discolouration and safety reasons.
      2. No returns are accepted for USB and Powerbank samples.
      3. No returns on workwear with reflective tape.
      4. Gift set samples cannot be returned or refunded once ordered.
      5. All sample orders need to be collected within 5 (five) business days of receiving the collection notification email, failing which the products will be returned to stock and the order cancelled.
      6. Samples with a value of less than R150.00 (one hundred and fifty Rand) ex. VAT may not be returned for a refund. Samples with a value over R150.00 (one hundred and fifty Rand) ex. VAT may be returned within 7 (seven) business days from date of purchase for credit or a refund, at the discretion of TGMLIVE. Samples returned after 7 (seven) business days will not be refunded or credited. The cost of returning samples is on the Client’s account.
    4. Product Selection & Orders
      1. Unbranded Orders are to be placed via our online Add To Cart and Checkout process.
      2. Clients may place Orders for Goods, which TGMLIVE may, at its sole discretion, accept or reject. Whether or not TGMLIVE accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation to the price) and receipt of payment or payment authorisation by TGMLIVE for the Goods.
      3. The Client is to place branded Orders with TGMLIVE in writing by completing the Confirmation of Order. Orders shall only be regarded as accepted upon written confirmation thereof by TGMLIVE. Payment of the deposit by the Client does not constitute acceptance of the Order.
      4. TGMLIVE will execute the Client’s Order/s once the deposit (branded orders) or full amount (unbranded orders) is paid by the Client and proof of payment thereof is sent to the relevant branding consultant, written confirmation of the order has been provided to the Client by TGMLIVE and the supplier has confirmed that the Goods to be ordered is available.
      5. For branded Orders, a deposit equal to 50% (fifty per centum) of the quoted amount, or if the quoted price fluctuated between the time the Client received the quotation and the placing of the Order, 50% (fifty per centum) of the adjusted amount, is to be paid by the Client. Quotations are subject to availability of the Goods at the time of confirmation of the Order. Special import items require, without exception, a 75% (seventy-five per centum) deposit of the quoted amount. Orders less than R2000.00 (two thousand Rand) ex. VAT require full payment upfront.
      6. As changes occur on a daily basis with regard to the availability of Goods, availability of same cannot be guaranteed by TGMLIVE until the deposit has been paid, the Confirmation of Order has been signed and the availability of Goods has subsequently been confirmed by the supplier.
      7. The Client acknowledges that it is the Client’s sole responsibility to determine and ensure that the Goods ordered are correct and suitable to its intended purpose. TGMLIVE will not be liable, in any manner or form, for incorrect selection of the Goods by the Client.
      8. Subject to availability and receipt of payment, requests will be processed within 2 – 14 Business Days (depending on supplier lead times, availability of Goods and delivery method) and delivery confirmed by way of email communication (waybill number or reference number as well as collection address, depending on shipping option – respectively, delivery via courier or collection).
      9. Lead times for Orders will be deemed to commence on the date and time that TGMLIVE received all signed off approvals of the artwork and payment of the funds have cleared in TGMLIVE’s bank account.
      10. Once an Order has been confirmed, cancellations for that Order will only be entertained if no branding has taken place and will be subject to a 25% (twenty-five per centum) cancellation fee or a minimum of R200.00 (two hundred Rand) ex. VAT handling and administration fee (whichever is higher). A further R350.00 (three hundred and fifty Rand) ex. VAT per artwork layout will be charged if artwork layouts were created.
      11. A minimum order spend of R1000.00 (thousand Rand) ex. VAT applies to all branded orders.
    5. Rush orders
      1. TGMLIVE provides a Rush Order service in terms whereof completion of urgent Orders are guaranteed within 2 (two) to 5 (five) Business Days, subject to clause 6.3 below, and provided full payment of the Order reflecting in the bank account of TGMLIVE.
      2. The completion date for the Order will be confirmed in the Confirmation of Order prior to TGMLIVE executing the Order.
      3. Artwork needs to be supplied in print-ready format as there is insufficient time to redraw such Artwork.
      4. The Client must provide TGMLIVE with sufficient time to cure any defects and/or errors, failing which TGMLIVE shall not be held liable for a poorer print quality of the Goods.
      5. Rush Orders are subject to the Client adhering to the deadline for approving artwork, as stipulated in the artwork approval email.
      6. Rush orders will incur an additional fee, equal to 10% (ten per centum) of the total value of the order. Rush orders, orders for unbranded items and orders for special import products require full payment of the order to reflect in the bank account of TGMLIVE before TGMLIVE shall confirm the order.
    6. Artwork for Branded Orders
      1. TGMLIVE will provide the Client with an artwork approval via e-mail or another electronic format. The artwork will illustrate the appearance of the Client’s logo or other image, as provided to TGMLIVE by the Client, in respect of the Goods. No further services will be rendered by TGMLIVE until TGMLIVE is in receipt of the duly completed signed off artwork approval from the Client.
      2. The Client is to specifically indicate, in writing, whether permanent branding is required.
      3. The delivery date may be affected if changes to the artwork are requested by the Client as the changes require a new layout which will need approval and sign off by the Client again. TGMLIVE shall not be responsible or liable for delays in delivery caused by artwork changes. Any changes requested and made subsequent to approval of the artwork and subsequent to plates/screens being made shall incur additional costs for the Client.
      4. The Client is to approve the artwork within 7 (seven) calendar days from the final artwork layout being sent to the Client, failing which the Goods will be returned to the warehouse and a cancellation fee equal to 25% (twenty-five per centum) of the total value of the Order shall be charged. No artwork approvals will be accepted telephonically.
      5. The Client shall review and check the artwork for spelling mistakes and errors relating to e.g. item colours, sizing, image colour and image locations and shall do so before signing off and approving the artwork/Order. TGMLIVE shall not be responsible or liable for erroneous interpretations of the artwork/Order, typographical errors overlooked and later approved by the Client and/or any damages suffered by the Client as a result of the erroneous artwork/Order being printed as accepted and approved by the Client, including any consequential damage/s.
      6. If the Client selects an Artwork Design Package and their artwork requires the designer to spend more time than what is allocated for their design, then an additional design fee of R195.00 (one hundred and ninety-five Rand) ex. VAT, per hour, will be incurred by the Client. The Client will be informed, in writing, of the additional fee and will be given the choice of whether to continue or not with the Artwork Design Package.
      7. The Artwork Design Packages are inclusive of Free Artwork Redraw. The number of designs that can be redrawn is based on the Artwork Design Package that the Client purchases. Additional designs can be redrawn for an additional fee of R195.00 (one hundred and ninety-five Rand) ex. VAT, per hour.
      8. There are 3 Artwork Design Packages, the details of each can be found on the Artwork Design Package page. Each design package varies in the number of designs that can be redrawn, the amount of text that can be used, the number of fonts as well as the options on background colour. Any variation from these packages will incur additional fees calculated on a basis of R195.00 (one hundred and ninety-five Rand) ex. VAT, per hour.
      9. Should the Client purchase the Premium or Elite Artwork Design Package then the Client will be entitled to receive the Vector artwork files that were created by TGMLIVE. Artwork files will be sent 7 (seven) days after completion of the Client’s Order. Should the Client decide not to proceed with the Order then TGMLIVE reserves the right to withhold the Artwork files.
      10. The Client specifically acknowledges that layouts sent in colour via email are not necessarily a true reflection of the colour but a mere indication of what the Goods will look like due to the variations in computer monitor colouring. Printing colours will be matched as close as possible to Pantone colours or swatches supplied. TGMLIVE cannot guarantee a 100% colour match due to the different materials used in promotional products and accordingly will not be liable for any damages as a result of any variation to the colours whether consequential or otherwise.
    7. Payment and Release of Orders
      1. A deposit equal to 50% (fifty per centum) of the quoted amount, or if the quoted price fluctuated between the time that the Client received the quotation and the placing of the Order, 50% (fifty per centum) of the adjusted amount, is to be paid by the Client, prior to any Services and/or Goods being delivered. The remaining 50% (fifty per centum) of the invoice, along with any additional costs, are to be paid upon request, prior to delivery or collection. Should the outstanding amount not be paid within 7 (seven) calendar days of such a request being made, the interest of prime plus 2% (two per centum) will be incurred on all overdue amounts along with daily storage fees. Orders less than R2000.00 (two thousand Rand) ex. VAT, require full payment upfront.
      2. Subject to the provisions of the Consumer Protection Act, No 68 of 2008, as amended, if applicable, all prices/rates are subject to alteration without notice, and Orders will be processed at the price/rate applicable at time of dispatch. All prices/rates quoted by TGMLIVE are based on, but not limited to, foreign exchange, freight-/insurance-/landing charges, dock-/customs-/import duties, rail and statutory wage rates applicable at the time of negotiations for the purchase of the Goods to which the invoice in question relates, and consequently, any variation in such prices/rates will be for the account and be borne by the Client, with notice.
      3. TGMLIVE accepts payment by way of:-
        1. a) Payfast (Payments may be made via Credit or Debit Card, Apple Pay, American Express, Mobicred, Mukuru Cash, SamsungPay, QR Code Apps, Instant EFT, Masterpass, Snapscan and Zapper).
        2. b) Direct Bank Transfer (EFT).
        3. c) Payfast payment links and Payabill service
        4. d) Debit and Credit card: the Client warrants that it is fully authorised to use the Debit and Credit Card supplied for purposes of paying the Goods.
      4. TGMLIVE does not accept cash payments and TGMLIVE is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
      5. Card transactions will be acquired for TGMLIVE via Payfast (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. Payfast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to https://payfast.io/ to view their security certificate and security policy.
      6. The Client’s details will be stored by TGMLIVE separately from card details which are entered by the Client on Payfast’s secure site. For more detail on Payfast refer to https://payfast.io/.
      7. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is the South African Rand (ZAR).
      8. The Client may contact TGMLIVE by visiting the Contact Us page to obtain a full record of the payment. TGMLIVE shall send the Client email communications about the Client’s Order and payment.
      9. Once the Client has selected its payment method, it will be directed to a link to a secure site for payment of the applicable purchase price for the Goods and/or Services.
      10. All payments made by the Client to TGMLIVE shall be made free of deduction, set-off, bank charges and commissions and shall not be withheld for any reason whatsoever. Discounts shall be forfeited on overdue amounts.
      11. In respect of international bank transfers and payments made by the Client to TGMLIVE, the following terms apply:-
        1. a) The Client shall always be responsible for payment of the full international banking fees that are associated with such transfer and/or payment to TGMLIVE;
        2. b) TGMLIVE shall not be liable for any charges incurred by the Client as a result of payment of the international banking fees;
        3. c) TGMLIVE shall not be liable for any damages, whether consequential or not, that the Client suffers as a result of payment of the international banking fees;
        4. d) All Forex payments made by the Client to TGMLIVE must be paid in full prior to confirmation of the Order, unless otherwise approved, in writing, by TGMLIVE.
      12. The Client agrees that no extension of payment of any nature shall be extended to the Client and any extension will not be applicable or enforceable unless agreed to by TGMLIVE, in writing and signed by the Client and a duly authorised representative of TGMLIVE.
      13. TGMLIVE may, at its sole discretion, extend a 30 (thirty) day incidental credit facility to the Client and may, at its sole discretion, amend or withdraw such facility for any reason whatsoever. Incidental credit facilities are to be approved in writing by TGMLIVE and will incur Interest of 2% (two per centum) on all overdue amounts.
      14. Orders will only be released for collection or dispatched for delivery once payment in full, including interest, if applicable, reflects in TGMLIVE’s bank account. An Order may, at the sole discretion of TGMLIVE, be accepted. TGMLIVE shall not be liable for missed deadlines due to non-payment or late payment by the Client and/or failure to timeously approve the artwork and/or TGMLIVE’s suppliers failing to adhere to deadlines and/or products specifications.
      15. Goods remain the property of TGMLIVE until paid in full. The risk in and to the Goods shall pass from TGMLIVE to the Client upon the Goods being loaded for delivery to the of delivery thereof to the Client or their nominated agent or customer. Any delivery notes or waybills (be it a copy or an original) signed by the Client, a representative of the Client (e.g. secretary, security) or a third party engaged to transport the Goods shall be conclusive proof that delivery was made to the Client.
      16. TGMLIVE will indicate the acceptance of an Order by delivery of the Goods to the Client or allowing the Client to collect them, and only at that point will an agreement of sale between the Client and TGMLIVE come into effect (the “Sale”). This is regardless of any communication from TGMLIVE stating that the Order or payment has been confirmed. TGMLIVE will indicate the rejection of the Order by cancelling it and, as soon as possible thereafter, refunding the Client for any amount already paid.
      17. Free shipping is provided for Orders that meet the specified criteria at the time of placing of the Order. However, in the event of the Goods being out of stock after placing an Order, free shipping may no longer be applicable. Clients will have the option to add additional items to the Order to maintain free shipping eligibility or pay a shipping invoice for the remaining items.
      18. While TGMLIVE strives to maintain an accurate level of Goods on its website, TGMLIVE cannot guarantee availability until an Order has been placed and payment made. If the Goods become unavailable after an Order has been placed, TGMLIVE reserves the right to cancel or modify the Order. Clients will be promptly notified and provided with alternative options, including choosing alternative Goods or cancelling the Order altogether and TGMLIVE will not be liable for any damages whether consequential or not.
    8. Collection & Delivery
      1. Unless alternative arrangements have been made with, and accepted by TGMLIVE, in writing, the Client is to collect the Order or accept delivery within 5 (five) calendar days from the Client being advised of such. Orders not collected or delivered within 5 (five) calendar days will be charged a handling fee of 25% (twenty-five per centum) of the total value of the order, or sold to offset TGMLIVE’s costs.
      2. Orders above the value of R1250.00 (one thousand two hundred and fifty Rand) ex. VAT placed with a branding consultant, and being delivered to a single destination point in either Cape Town, Johannesburg, Durban or Pretoria on a 3 (three) to 5 (five) day delivery, qualify for TGMLIVE’s free delivery option. Unbranded orders above the value of R750.00 (seven hundred and fifty Rand) incl. VAT placed via the website, and being delivered to a single destination point in either Cape Town, Johannesburg, Durban or Pretoria on a 3 (three) to 5 (five) day delivery, qualify for TGMLIVE’s free delivery option. This is subject to certain package size and weight restrictions, and the Client is advised to please confirm with their Account Manager regarding same. Surcharges may apply for deliveries to regional areas, please confirm these before proceeding. Some bulky items do not qualify for free delivery (for example, boxes, hand sanitiser, bottled water, etc.). Free Delivery excludes freight insurance which remains the Client’s responsibility.
      3. For Orders that do not qualify for free delivery, TGMLIVE will quote the Client using an external courier service to effect delivery, and once accepted and paid by the Client, TGMLIVE will arrange for the Goods and/or Services to be delivered to the Client’s address.
      4. Should the Client require freight insurance, the Client is to request same from TGMLIVE, in writing, and TGMLIVE will arrange on behalf of the Client provided payment of such costs is made in full. The Client will be liable for the payment of such insurance costs before dispatch of the Goods and/or Services by TGMLIVE.
      5. The delivery address needs to be easily accessible for the courier and drop off shall be to the front entrance of the address provided, unless otherwise agreed, in writing. Delivery times quoted are estimated times only. TGMLIVE accepts no responsibility whatsoever for any loss or damages caused by late delivery or non-delivery, whether consequential or otherwise, howsoever caused or arising and the Client specifically indemnifies TGMLIVE as such.
      6. The Client is expected, in all cases, to take such measures as may be reasonable for the purpose of averting or minimising loss or damages and to ensure that all rights against couriers, bailees or other third parties are properly preserved and exercised. The courier shall be deemed to be an agent of the Client, irrespective of which party issued the instructions to or paid the courier.
      7. If the Goods have to be re-delivered due to refusal to accept delivery or being undeliverable or unclaimed due to incorrect address details provided by the Client or for any other reason due to the Client’s action/omission, the Client will be invoiced for any additional delivery costs, and which shall be payable on receipt.
      8. The Client must report, by recorded delivery, to the courier any reservations the Client may have concerning the state of the Goods or their packaging, within 24 (twenty-four) hours of the delivery time. A copy of these reservations, including a picture, must be sent to TGMLIVE within the same time frame. In the absence of notice accordingly, the Client shall be deemed to have received and have accepted the Goods in good order and condition as dispatched, delivered and invoiced by TGMLIVE.
      9. The Client is expected to inspect the Goods on delivery and to verify specifications and quantity. Goods may not be returned, and deliveries may not be refused except by prior written arrangement with TGMLIVE. If any Goods sold to the Client do not accord with specifications, the Client shall notify TGMLIVE in writing immediately upon the defect becoming known to the Client and, provided the Client does so within 24 (twenty-four) hours from the time of delivery of the defective Goods to the Client. TGMLIVE may, at its discretion, replace any Goods which were sold by TGMLIVE directly to the Client and which Goods are not in accordance with TGMLIVE’s specifications, alternatively (provided that the goods have not been damaged in any way whatsoever subsequent to it being dispatched or delivered to the Client, as the case may be), atTGMLIVE’s option, TGMLIVE shall be entitled to take the Goods back, refund the Client with the purchase price paid or by way of credit in favour of the Client. TGMLIVE shall not be liable for any damages caused whether consequential or not.
      10. Notwithstanding delivery and the passing of risk, ownership of the Goods remains vested in TGMLIVE until such time as the Client shall have effected full payment, including any related costs, in accordance with the invoice. “Payment” signifies the receipt of the amount due in terms of invoice/statement in the bank account of TGMLIVE. Until such time as the Client shall have paid the invoice in full for such Goods, the Client shall not, otherwise than in the ordinary course of business, sell, pledge or otherwise encumber the Goods concerned and shall not remove such Goods from the premises nominated by the Client for delivery without prior written consent from TGMLIVE. If third parties attempt to assert or substantiate rights over the Goods, the Client is obliged to inform TGMLIVE of such action immediately, and TGMLIVE shall be entitled to take whatever action it may deem fit to protect its rights, including cancellation of the sale and repossession of the Goods or enforcing specific performance for payment from the Client. In the event that TGMLIVE elects to cancel a sale, the Client undertakes to look after and keep Goods safe until repossessed by TGMLIVE, and, upon request from TGMLIVE, the Client undertakes to hand over and return the Goods to TGMLIVE.
      11. The Client is expected to inspect the goods on delivery and to verify specifications and quantity. Goods may not be returned, and deliveries may not be refused except by prior arrangement with TGMLIVE. If any goods sold to the Client do not accord with specifications, the Client shall notify TGMLIVE in writing immediately upon the defect becoming known to the Client and, provided the Client does so within 24 (twenty-four) hours from the time of delivery of the defective goods to the Client. TGMLIVE may, at its discretion, replace any goods which were sold by TGMLIVE directly to the Client and which goods are not in accordance with TGMLIVE’s specifications.
      12. Notwithstanding delivery and the passing of risk, ownership of the Goods remains vested in TGMLIVE until such time as the Client shall have effected full payment, including any related costs, in accordance with the invoice. “Payment” signifies the receipt of the amount due in terms of invoice/statement in the bank account of TGMLIVE. Until such time as the Client shall have paid the invoice in full for such Goods, the Client shall not, otherwise than in the ordinary course of business, sell, pledge or otherwise encumber the Goods concerned and shall not remove such Goods from the premises nominated by the Client for delivery without prior written consent from TGMLIVE. If third parties attempt to assert or substantiate rights over the Goods, the Client is obliged to inform TGMLIVE of such action immediately, and TGMLIVE shall be entitled to take whatever action it may deem fit to protect its rights, including cancellation of the sale and repossession of the Goods or enforcing specific performance for payment from the Client. In the event that TGMLIVE elects to cancel a sale, the Client undertakes to look after and keep Goods safe until repossessed by TGMLIVE, and, upon request from TGMLIVE, the Client undertakes to hand over and return the Goods to TGMLIVE.
      13. Unless the Client’s Order specifically states a date on or before which delivery is required and such date or any other delivery date is accepted by TGMLIVE in writing, Orders will be accepted for delivery as and when Goods can be made available by TGMLIVE and TGMLIVE is entitled to execute Orders piecemeal or in part deliveries. Notwithstanding the aforegoing and any contrary provision which may be contained in these Terms and Conditions, the time of delivery shall not be of the essence of the contract and the Client shall not be entitled to cancel any Order should TGMLIVE fail to deliver the Goods on the agreed date. TGMLIVE will not be liable for any damages caused by such failure to deliver the Goods on the agreed date, whether consequential or otherwise.
    9. Cancellations  and Returns /Refunds
      1. No cancellations and/or pausing on processing of an Order will be accepted once the artwork has been approved on any branded Goods including but not limited to banners, table cloths, awards, gazebos and flags, custom made Goods and specially imported Goods, and the Client shall be liable for full payment of such orders.
      2. Any Order is subject to cancellation by TGMLIVE due to Acts of God from any cause beyond the control of TGMLIVE, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought, disease, or legislation. In any such event, any monies paid by the Client to TGMLIVE, shall be refunded in full by crediting the Client’s original method of payment.
      3. Any Order is subject to cancellation by TGMLIVE:-
        • a) if the Client breaches any term of these Terms and Conditions;
        • b) if the Client makes any attempt of compromise, liquidation, or sequestration;
        • c) if a judgement is recorded against the Client;
        • d) should its suppliers breach any of their/its/his/her obligations.
      4. The Client agrees that TGMLIVE will be immediately and irrevocably released from any contractual damages, including consequential damages (whether contemplated or not) and penalty obligations should any event in clause 9.2 and 9.3 occur.
      5. Fully paid Orders that remain uncollected or undeliverable for 30 (thirty) calendar days will be donated to local charities and TGMLIVE shall not be liable for any damages or consequential damages as a result thereof.
      6. It is the Client’s responsibility to ensure that Goods are returned to a designated collection point in their original packaging, regardless of the reason for the returns.
      7. All requests for returns or credit must be initiated in writing by the Client. No Goods may be returned or exchanged unless prior written authorisation has been obtained from TGMLIVE. Any Goods returned at the Client’s request may be returned by a courier and which expense will be paid for by the Client. Returns of non-faulty Goods may incur handling- or administration fees of 25% (twenty-five percentum) of the total value of the Order.
      8. Any returns or replacements for incorrect Goods, not limited to incorrect branding, should be initiated in writing by the Client, in no more than 5 (five) days from receiving the Order. Any complaint received after the 5 (five) day mark will be investigated. However, TGMLIVE does not guarantee return or replacement of the Goods.
      9. If any Goods are returned to TGMLIVE or any of its branding warehouses that require a requested quality check due to the Goods not being as expected, a thorough quality check will be done once again. If the quality check is being done due to the lack of proof from the Client and the returned Goods are deemed correct in accordance with the Order details and the relevant approvals, the Goods will be returned to the Client and the Client will be billed for the extra courier costs incurred. If any discrepancy is found on the return quality check, TGMLIVE will be responsible for any replacements or reprints done thereafter, including courier costs incurred.
      10. When unwanted Goods (undamaged and unused) are to be returned:–
        • a) The Client is responsible for returning the Goods to TGMLIVE.
        • b) The delivery and/or courier costs on the Order are non-refundable.
        • c) The Client is responsible for the return courier costs.
        • d) If the Client received free delivery on the Order, the actual cost of that delivery will be deducted from the refund and the Client is responsible for the return courier costs.
      11. When unwanted Goods (undamaged and unused) are to be exchanged for other products, the replacements will be treated as a new Order. The Client will be refunded for the unwanted goods as stipulated in clause 9.10 above.
      12. If the Client returns only part of an Order of unwanted Goods (undamaged and unused), the following terms will apply: –
        • a) Courier costs for the order will not be refunded.
        • b) If the Client received free delivery on their Order and the sum of the partly returned Order is below the R1250.00 (one thousand two hundred and fifty Rand) ex. VAT threshold (for branding consultant orders), or R750 (seven hundred and fifty Rand) incl.VAT (for unbranded online orders) the actual cost of the delivery will be deducted from the refund.
        • c) If the Client received free delivery on their Order placed through a branding consultant and the sum of the partly returned Order is above the R1250.00 (one thousand two hundred and fifty Rand) ex. VAT threshold, the actual cost of the delivery will not be deducted from the refund. If the Client received free delivery on their unbranded Order placed via the website and the sum of the partly returned Order is above the R750.00 (seven hundred and fifty Rand) incl. VAT threshold, the actual cost of the delivery will not be deducted from the refund.
      13. No returns shall be permitted on the following Goods:-
        • a) Branded Goods and memory sticks;
        • b) Unbranded workwear with reflective tape;
        • c) Reduced To Clear or On Sale items.
        • d) Gift sets once ordered (excluding cases where items have been found to be faulty upon delivery/collection).
      14. Some of TGMLIVE display Goods come with a 3-month limited print fade warranty as overexposure to direct and intense sunlight can reduce the longevity of the print – please see the product page on the website for this information.
      15. TGMLIVE will not provide a refund if the amount is less than R50.00 (fifty Rand) ex. VAT. Any refund less than R50.00 (fifty Rand) ex. VAT, will be credited to the Client’s account and set off against the Client’s next Order (not applicable to online order purchases).
      16. TGMLIVE will not refund international Clients unless the original amount was paid into TGMLIVE’s FNB bank account. Amounts paid into any of TGMLIVE’s other bank accounts shall be credited to the Client’s account to be allocated to future Orders.
      17. Refunds shall be processed within 30 (thirty) days from acceptance of the return of the Goods by TGMLIVE.
      18. The provision of Goods and Services by TGMLIVE through Online Orders (purchases made through “Add To Cart”) is subject to availability. In cases of unavailability, TGMLIVE will refund the Client in full within 30 (thirty) days. Cancellation of Orders by the Client will attract a 25% administration fee.
      19. TGMLIVE cannot be held liable for branding done by a third party after buying unbranded products from it. TGMLIVE warehouses have established the best branding options and practices per the Goods based on the machines and processes owned by TGMLIVE. If branding is done with a third party brander, all warranties and money back guarantees fall away.
      20. Goods are sold voetstoots with no warranty against patent or latent defects and all other guarantees including common law guarantees are hereby specifically excluded. Services carry no guarantee.
      21. Under no circumstances shall TGMLIVE be liable for any consequential damages including loss of profits or for any delictual liability of any nature whatsoever, whether foreseen or not.
      22. Under no circumstances shall TGMLIVE be liable for any damage arising from any misuse, abuse or neglect of the Goods or Services.
    10. Errors
      1. TGMLIVE takes all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on its website. However, should there be any errors of whatsoever nature on the website (which are not due to TGMLIVE’s gross negligence), TGMLIVE shall not be liable for any loss, claim, expense, damages (whether consequential or not) relating to a transaction based on any error, save in the case of any incorrect purchase price and to the extent of refunding the Client for any amount already paid, or otherwise as set out in the Returns Policy.
    11. TGMLIVE
      1. Once a Client places and pays for an Order, no amendments or cancellations to the Order will be possible as Orders are picked immediately and will go into production as soon as possible.
      2. Importantly, due to the urgent nature of TGMLIVE orders, the logo you supply us, will always be branded at the maximum possible size in the position that the TGMLIVE branding guideline demonstrates. The logo will be centred within the demarcated branding area on the branding guideline. All TGMLIVE branding guidelines can be viewed on the TGMLIVE website and differ from the standard branding guideline for each product in question. If the Client has specific requirements for position or size, the Client must place a Standard Branding Order where TGMLIVE will have more flexibility with the logo and branding positions. Branding outside of the demarcated TGMLIVE branding area, or at a size that exceeds the maximum branding space, is not available as part of the TGMLIVE offering. If artwork contains fine detail or small text that may close up, the Client must ensure that it removes this before sending the artwork to TGMLIVE for branding. Logos shall not be modified once sent to TGMLIVE.
      3. All artwork provided to TGMLIVE needs to be in a Vector format or an additional 24 hours will need to be allocated to convert the Client’s artwork to Vector format. Vector artwork will be acceptable in the following formats –.pdf (workable PDF), .cdr (Corel Draw), and .ai (Adobe Illustrator).
      4. If specific pantone colours are required for pad or screen printed Goods, then these need to be specified, in writing, at the time of providing TGMLIVE with the artwork. If digital branding is required, then the Vector artwork must be correctly supplied to reflect CMYK colours.
      5. TGMLIVE applies to selected Goods only and each is tagged on the TGMLIVE website with the TGMLIVE icon or in the TGMLIVE category.
      6. Minimum and maximum quantities apply to all TGMLIVE product Orders.

      7. Orders placed Monday to Thursday:

        The TGMLIVE service is available Monday to Thursday (when they are trading days in South Africa) and Orders must be placed and paid for by 4pm to be complete and ready for collection in Johannesburg by 5pm the following day.

        Orders placed on Friday:Orders placed and paid for before 11am on a Friday (where it is a trading day in South Africa) will be completed by 5pm the following Monday in Johannesburg. Orders placed after 11am on a Friday, weekends or South African public holidays will not qualify for TGMLIVE service.

      8. In the event of the Goods being incorrectly supplied, customer service will be able to assist, but please note that TGMLIVE does not guarantee that the issue will be resolved within 24 (twenty -four) hours.
    12. Branding Products not Supplied by TGMLIVE
      1. TGMLIVE will not be held liable for any damage to Goods supplied by Clients to TGMLIVE, whether as a result of TGMLIVE branding the Goods or not.
      2. TGMLIVE will not be held liable for any losses during transit. Breakages and missing Goods will be reported as soon as they are identified.
      3. Lead times may need to be adjusted once the Goods have been viewed at TGMLIVE’s warehouse in Cape Town (The Old Timber Yard).
      4. TGMLIVE will not be liable for slight changes in the print result which may be due to any of the following:-
        • a) the texture of the item;
        • b) the colour of the item;
        • c) the nature of the artwork.
      5. Not all branding is permanent. Should permanent branding be required then the Client is required to state this in writing to TGMLIVE when placing the Order.
      6. It is highly recommended that sufficient time be allowed for a pre-production samples to be printed. This will serve as a final approval of the branding before mass production begins. The cost of this, along with delivery will be for the Client’s account. Should Clients decide not to proceed with a pre-production sample, then TGMLIVE shall not be held liable for any errors that occur during mass production, whether consequential or not.
      7. Should re-packaging of the Goods be required, whether requested or not, then any costs associated with this shall be for the Client’s account.
    13. Breach
      1. Should either the Client or TGMLIVE commit a breach of any term of these Terms and Conditions and should the party in breach fail to remedy such breach within 7 (seven) days of written notice to do so, then the aggrieved party shall be entitled, without prejudice to the aggrieved party’s other rights in law:-
        • a) to cancel this Agreement; or
        • b) to claim immediate specific performance of the defaulting party’s obligations.
      2. In either event without prejudice to the aggrieved party’s rights to claim damages or any other relief available in law.
      3. Should the party in breach be the Client and TGMLIVE is required to institute legal proceedings to enforce its rights in terms of these Terms and Conditions, the Client agrees that it shall be liable for and pay TGMLIVE’s collection commission, tracing fees as well as its legal fees on the scale of attorney and own client. These remedies are without prejudice to any other right TGMLIVE may be entitled to in terms of the Agreement or in law. TGMLIVE reserves its right to stop supply immediately on cancellation or on non-payment.
    14. Non Variation and Non-Waiver
      1. These Terms and Conditions constitute the sole Terms and Conditions between the Parties with regard to the subject matter hereof and neither Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
      2. No addition to, variation of these Terms and Conditions shall be of any force or effect unless in writing and signed by or on behalf of both Parties.
      3. No relaxation or indulgence that either Party may grant to the other shall constitute a waiver of the rights of that Party and shall not preclude that Party from exercising any rights which may have arisen in the past or which might arise in future.
      4. The whole of these Terms and Conditions Agreement shall bind and enure for the benefit of the successors in title, heirs, executors, administrators, liquidators, trustees and the legal representatives of the Parties or their respective estates, as the case may be.
    15. Applicable Law
      1. These Terms and Conditions will in all respects be governed by and construed under the laws of the Republic of South Africa.
    16. Size Tolerance Policy
      1. A tolerance of approximately 2cm is permitted between garment sizes. Please be advised that items may not always conform to exact specifications but will generally fall within this established range. This variance occurs due to manufacturing variables such as fabric displacement during the cutting process and slight variations in seam allowances throughout production. For example, if the stated half-chest measurement for a Medium size is 51cm, the actual measurement may range from 49cm to 53cm.
    17. General
      1. TGMLIVE may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
      2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
      3. Any failure on the part of you or TGMLIVE to enforce any right in terms hereof shall not constitute a waiver of that right.
      4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
      5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
      6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
      7. These Terms and Conditions contain the whole agreement between you and TGMLIVE and no other warranty or undertaking is valid, unless contained in this document between the parties.
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